Former vice president (sic) and never-gonna-be-president (yay) Mike Pence got a subpoena from Special Counsel Jack Smith and in typical Mike Pence worm-like behavior, he’s trying to worm out of it.
First off, have you seen a photo of Jack Smith? I’ve never heard the guy talk but just from his photo, he looks like a take-no-bullshit kinda dude. He kinda looks like actor/director Jon Favreau (Iron Man, Cowboys and Aliens, Mandalorian, Elf). I hope it’s true he doesn’t take any bullshit because that’s exactly what Mike Pence and his lawyers are trying to give him.
Smith is investigating Donald Trump’s attempt to steal the election, his role in the Jan 6 white nationalist terrorist attack on the Capitol, and his theft of classified documents. Pence is at least a witness to the attempted theft of the election and coup attempt.
A lot of people praise Mike Pence for doing the right thing on January 6, 2021, and that was certifying the electoral college, which was his duty. Quite frankly, he’s being praised for not breaking the law. For his service, he got Trumpers with nooses after him. But his patriotism stopped there as he is refusing to cooperate with an investigation looking into an attempt to destroy our democracy.
What happened to being a member of the Law and Order Party? What happened to being constitutionalists? What happened to their love of democracy? What happened to Mike Pence’s patriotism?
A true patriot would want to cooperate with an investigation of an attempt to destroy our democracy. Mike Pence is no patriot. He’s a worm. He’s a goon.
Pence’s argument that he can’t cooperate is that he was acting as President of the Senate and is protected under the “speech or debate” clause of the Constitution. The clause he’s placing all his chips in says that “for any Speech or Debate in either House,” senators and representatives, “shall not be questioned in any other Place.”
Well here’s an idea. Why don’t you testify in the chamber of the Senate? Problem solved.
But he’s not actually protected by this because when Donald Trump asked him face to face to deny the certification, they were in the Oval Office and the last time I checked, the Oval Office is in the White House, NOT the United States Capitol building. Pence is a member of the executive branch, not the legislative. He is NOT a senator.
Other than certifying the electoral college, a vice president’s only job in the Senate is to cast tie-breaking votes. They do not engage in debates or speeches in the Senate. They don’t sit on committees.
Pence told reporters, “My fight is on the separation of powers. My fight against the DOJ subpoena, very simply, is on defending the prerogatives I had as president of the Senate to preside over the Joint Session of Congress on January 6.” I’m sure Jack Smith also has a lot of questions about the days leading up to January 6.
Even if Pence’s argument is legitimate, then it only applies for when he was physically in the Senate chamber on January 6. Was he acting as president of the Senate when Trump asked him to break the law? Was he acting as president of the Senate when he was running for his life from a noose-carrying mob chanting, “Hang Mike Pence?”
As Sarah Marshall said in the incredible film “Forgetting Sarah Marshall,” “Bullshit, bullshit, bullshit, bullshit.”
This stance takes gall, especially since his argument for refusing to testify before the House committee investigating the insurrection is that he’s a member of the executive branch. He said it would set “a terrible precedent for the Congress to summon a vice president of the United States to speak about deliberations that took place at the White House.”
So basically he can’t testify before the Special Counsel about stuff that happened in Congress, and he can’t testify to Congress about stuff that happened in the White House. I told you he’s a worm.
The biggest problem for Pence and his lawyers when they take this argument to court is that the clause they’re relying on only mentions “senators” and “representatives.” Mike Pence was neither at the time in question. He better hope he gets a sycophantic Trumper judge which he may as he plans to argue this all the way to the Supreme Court.
It would be a lot easier and quicker if he’d cooperate and testify. But the real reason Mike Pence is refusing to testify is that he doesn’t want to piss off the MAGA base while he runs against that base’s cult leader.
Every presidential candidate is going to straddle the line of running against Donald Trump while trying to appeal to his base. I don’t see that working. And that base has already made nooses and chanted, “Hang Mike Pence.” The MAGA base literally tried to murder Mike Pence. Now, the thinks he can win their votes.
Pence is praised for putting the nation before political power on January 6, but now he’s putting political ambition before the country.
I think even the Pence Fly can see the flaws in Pence’s argument.
Music note: I listened to Collective Soul.
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